Moving to Spain: the paperwork in the right order

Most guides to moving to Spain are packing lists. The part that actually decides whether the move goes smoothly is the paperwork, and it only works in one order. Get the order wrong and you end up with a rental contract you cannot sign, a bank that will not open an account, or a residence appointment you cannot book.

The order depends on one question before any other: are you a citizen of the EU, the EEA or Switzerland, or not?

First: which rules apply to you

EU, EEA and Swiss citizens, including the Irish, do not need a visa or permit to live in Spain. They may stay three months with a passport or identity card. After that they must register as residents.

Everyone else, which since 1 January 2021 includes British citizens, needs a visa or residence authorisation before moving: for example the non-lucrative visa for people living on their own means, the digital nomad visa for remote workers, a work authorisation or a student visa. The visa is applied for from the country where you live, not from a Spanish beach flat. The routes are explained in the non-lucrative visa and the digital nomad visa.

Step one, often before you leave: the NIE

The NIE is your identification number as a foreigner in Spain, and it is personal, unique and permanent. Whatever else you later receive carries the same number.

Whether you need it before the move depends on what you do before you arrive. Buying a home needs it, because the land registry will not record the purchase without a Spanish tax number for every party. Many landlords, banks and utility companies also ask for it, even where no law requires it. If you are buying or signing anything before the move, apply first: see getting a NIE from abroad.

An EU citizen who moves without buying first does not need a separate NIE application. The residence registration below gives you one.

Step two: the town hall register

Registering on the padrón of the town where you live proves your address, and almost every later step asks for it. You do not need a NIE for this: the law allows a passport number. Non-EU residents without long-term residence must renew the entry every two years. Details are in empadronamiento in Spain.

Step three: residence

EU, EEA and Swiss citizens apply for the certificado de registro within three months of the date they entered Spain, at the foreigners' office of the province, or at the police station where there is none. The fee is €12.00. The certificate is issued on the spot and states your NIE. It is not an identity document, so keep carrying your passport or ID card. Those who are not working must show sufficient resources and health insurance, and the law forbids a fixed minimum amount; see residency for EU citizens.

Non-EU citizens apply for the TIE, the residence card, within the deadline that follows from their permit, normally one month from arrival or from the start of the permit: see the TIE card.

A point for British residents from before 2021

British citizens who already lived in Spain before 2021 are covered by the Withdrawal Agreement. The card that says so, a TIE with a reference to article 50 of the Treaty on European Union, is optional, and many people still only have the old green certificate. The Spanish ministry's own guide is clear on why that matters now: the TIE is the only document that exempts Withdrawal Agreement residents from registering in the EU's new Entry/Exit System and, later, from ETIAS. Without it, every border crossing is logged as if you were a visitor.

Step four: healthcare and social security

• Working for a Spanish employer: the employer registers you with Social Security before your first day, and that gives you public healthcare.
• Receiving a state pension from another EU country or the UK: that country normally issues an S1 form, which you register with the Spanish Social Security.
• Neither: private health insurance, or after one year of residence the public pay-in scheme, the convenio especial, at €60 a month under 65 and €157 from 65, with regional supplements possible. Anyone entitled to healthcare through another public system, such as an S1, cannot join it.

Step five: tax residence

You become tax resident in Spain if you spend more than 183 days in the calendar year there, or if the main base of your activities or economic interests is in Spain. There is also a presumption, which can be rebutted, if your spouse and minor children live there. Spain has no split year: you are resident or non-resident for the whole calendar year. That surprises people used to a split-year system at home, and it means the timing of the move within the year matters.

The order in one list

• NIE first if you buy, rent or sign before arriving
• Padrón as soon as you have an address
• Registration certificate within three months, or the TIE on your permit's timetable
• Social Security or S1 for healthcare
• Tax residence from the year you pass 183 days or move your base

Questions we get

Do I need a NIE to rent a flat?
No law requires it, but many landlords and agencies ask for it, and utility contracts in your own name usually do. Having it avoids the question.

I already have a NIE from buying a holiday home. Do I get a new one?
No. The number is permanent; the registration certificate or TIE carries the same one.

How long does the registration take?
The certificate itself is issued at the appointment. The waiting time is for the appointment: see getting a NIE or residence appointment.

Why Buenaley?

Buenaley is a Spanish law firm working with international clients. When you move there are two things we take off your hands, in this order.

The first is the NIE, and after it the residence registration, because every other step asks for one or the other. We handle that through our NIE service.

The second is the home: checking the rental contract or the purchase before you commit, so the address you register is one you can rely on.

• NIE applications, from abroad if you have not moved yet
• Appointments for the registration certificate or the TIE
• Padrón and the documents it needs
• Rental or purchase contracts checked before you sign
• A clear order of steps for your situation

Planning the move? Tell us your nationality and your timing and you will hear which steps apply and in which order. Or start with the NIE application, because it is the number every other step asks for.